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Latest Articles: U.S. Constitution

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Why Judicial Supremacy Isn’t Compatible with Constitutional Supremacy
Post Date: 2015-09-10 12:54:49 by tpaine
31 Comments
www.nationalreview.com Why Judicial Supremacy Isn’t Compatible with Constitutional Supremacy (NRO; Camrocker/Dreamstime) by Ramesh Ponnuru September 10, 2015 4:00 AM pro-choice voter in New Hampshire had a question for John Kasich, the Republican governor of Ohio, who was making the rounds as a presidential candidate: Would he “respect” Roe v. Wade even though he is a pro-lifer? Kasich answered, “Obviously, it’s the law of the land now, and we live with the law of the land.” Whether he knew it or not, Kasich had wandered into a debate over the courts, one in which some of the other presidential candidates are also participants. Mike Huckabee, the former ...

After Six Years, Sotomayor Says She Still Doesn't 'Belong' on the Supreme Court
Post Date: 2015-09-09 11:53:31 by redleghunter
10 Comments
Even after six years, Supreme Court Justice Sonia Sotomayor revealed she still doesn’t feel like she belongs on the nation’s most powerful bench. Sotomayor, the first Hispanic ever nominated to serve on SCOTUS, visited Notre Dame University last week for a conversation with NBC correspondent and Notre Dame graduate Anne Thompson. For two hours, in front of a student-packed concert hall, the justice reflected on her experience deliberating on some of the most momentous issues in the nation. Participating in one particular case, Citizens United v. FEC, was “incredibly gratifying,” she said. Yet, though she has made history and played a significant part in such far ...

‘Give Me Liberty or Give Me Death’: The Loss of Our Freedoms in the Wake of 9/11
Post Date: 2015-09-09 07:33:59 by Deckard
1 Comments
“Since mankind’s dawn, a handful of oppressors have accepted the responsibility over our lives that we should have accepted for ourselves. By doing so, they took our power. By doing nothing, we gave it away. We’ve seen where their way leads, through camps and wars, towards the slaughterhouse.” ― Alan Moore,V for Vendetta What began with the passage of the USA Patriot Act in October 2001 has snowballed into the eradication of every vital safeguard against government overreach, corruption and abuse. Since then, we have been terrorized, traumatized, and acclimated to life in the American Surveillance State. The bogeyman’s names and faces change over time, but ...

Is an Opinion of the Supreme Court the ‘Law of the Land’ ? [Full Thread]
Post Date: 2015-09-05 12:43:51 by tpaine
41 Comments
godfatherpolitics.com Is an Opinion of the Supreme Court the ‘Law of the Land’? Let’s ask Thomas Jefferson. . . Posted on September 2, 2015 by Gary DeMar Filed under 10th Amendment, 14th Amendment, Christianity, Homosexuality, Law, Law Enforcement, Liberal Bullying Share1.3K Tweet414 Share2.1K Email26 Did our founders, after drafting a Declaration of Independence, fighting a war with England, and then sitting down to pen a national governing document (the Constitution) put in that document the right of a majority of federal judges to make laws for the entire nation? Rowan County, Kentucky, clerk Kim Davis is testing the claim that five unelected Supreme Justices have ...

Man Arrested for Mocking Mayor on Twitter Wins Big in Civil Suit
Post Date: 2015-09-04 05:27:19 by Deckard
1 Comments
"I always thought the Twitter account was a joke for me and my friends. I never dreamed that it would result in my home being raided..."Jon Daniel, 30, the man behind a parody Twitter account with the handle @peoriamayor, was accused of “impersonating a public official,” after mayor Jim Ardis became upset about the mockery. “Im bout to climb the civic center and do some lines on the roof who’s in,” one tweet read.  Another questioned, “Who stole my crackpipe?” Ardis argued that these tweets sounded reasonable enough that it sullied his reputation, as people might not be able to tell the account was ...

DNC Hires Illegal And Brags About It; What Will GOP Do?
Post Date: 2015-09-03 11:40:08 by nativist nationalist
1 Comments
Illegal immigrant Cindy Nava with Joe Biden, Rep. Michelle Grisham, and Jill Biden. Remember to pay your taxes and obey the law, you peasants! A few months ago, the Washington Post’s Arelis Hernandez [email her], self described as a “DC Latina” on Twitter, wrote a puff piece about the Democratic National Committee hiring an “undocumented immigrant” (read “criminal invader”) to help craft their 2016 election message. Tears came to Cindy Nava’s eyes when she heard Vice President Biden call hard-working undocumented immigrants “Americans” despite their legal status, during a speech he gave at a Cinco de Mayo breakfast last year. To the ...

The Rise Of The Inhumanes (Even Hitler Would Be Proud)
Post Date: 2015-09-03 05:21:04 by Deckard
0 Comments
America’s descent into totalitarian violence is accelerating. Like the Bush regime, the Obama regime has a penchant for rewarding Justice (sic) Department officials who trample all over the US Constitution. Last year America’s First Black President nominated David Barron to be a judge on the First US Circuit Court of Appeals in Boston. Barron is responsible for the Justice (sic) Department memo that gave the legal OK for Obama to murder a US citizen with a missile fired from a drone. The execution took place without charges presented to a court, trial, and conviction. The target was a religious man whose sermons were believed by the paranoid Obama regime to encourage jihadism. ...

Restoring the Compact Theory Is Vital to Restoring the Constitution
Post Date: 2015-09-02 18:57:29 by tpaine
15 Comments
canadafreepress.com Restoring the Compact Theory Is Vital to Restoring the Constitution Author By Tim Dunkin -- Bio and Archives September 2, 2015 When he authored the Kentucky Resolution of 1798, Thomas Jefferson based his arguments for nullification, in part, upon the compact theory of the relationship between the states and the Federal Government. According to this original understanding of the State-Federal relationship, the Constitution under which the Republic was to operate was the creation of the several states, and thus the Federal government was also the creation of these states. Jefferson used this understanding to argue that when the Federal government violates the ...

Guns, Drugs, and Booze: Why Both Political Parties Love Prohibition
Post Date: 2015-09-01 21:42:07 by Deckard
2 Comments
It’s been noticed more than a few times that there aren’t many substantive differences between the Republicans and Democrats. While this is true in many ways for the parties themselves, the Left and Right certainly differ on a range of issues from welfare to abortion to gay rights. What they have in common — at least the mainstream varieties — is a desire to use the state to shape society in whatever way they see fit. As Andrew Napolitano put it, “We have migrated from a two-party system into a one-party system, the big-government party. There’s a democratic wing that likes taxes and wealth transfers and assaults on commercial liberties and there’s a ...

Why the Supreme Court is not Supreme
Post Date: 2015-08-31 20:34:44 by tpaine
18 Comments
townhall.com Why the Supreme Court is not Supreme “Judicial activism occurs when judges write subjective policy preferences into the law rather than apply the law impartially according to its original meaning.” – The Heritage Foundation To vocal opponents of judicial activism, this comes as little surprise. The U.S. Supreme Court has suffered a major credibility blow in the wake of its politically motivated 5-4 Obergefell v. Hodges “gay marriage” opinion. In it, they presumed to do the impossible – both redefine the age-old institution of natural marriage and to give this fictional definition precedence over freedoms actually enumerated in the Bill of ...

The Loophole
Post Date: 2015-08-28 10:49:46 by Deckard
12 Comments
Predictably, in the wake of the recent dual homicides here on the shores of Smith Mountain Lake where I live, the strident screeds for gun control are ringing throughout the mainstream media courtesy of All The Usual Suspects paddling around the political cesspool. Emotions are funny, volatile things, difficult to control under the best of circumstances.  It’s human nature to lash out illogically, unreasonably at an inanimate object that facilitated the excruciating and painful loss of a loved one, in this case a gun. At least Alison Parker’s father has that excuse to explain his comments about “shaming legislators into doing something about closing loopholes and ...

Denver Police Continue Harassing Jury Nullification Activists, One Day After a Federal Judge Told Them to Cut It Out
Post Date: 2015-08-27 09:18:45 by Deckard
2 Comments
According to the cops, a stack of pamphlets is an illegal "encumbrance."Two days ago, a federal judge ordered Denver police to refrain from harassing activists distributing jury nullification pamphlets near the Lindsey-Flanigan Courthouse, activity that the city conceded is protected by the First Amendment. Yesterday morning, according to a new motion filed by the lawyer representing Eric Verlo and Janet Matzen, the two activists who sought the injunction, "a cadre of Denver police officers" descended upon them and several associates as they were engaged in exactly the sort of pamphleting described in the injunction. The lawyer, David Lane, says the cops seized ...

7th Circuit Court: Illegal Immigrants Have Second Amendment Rights Too
Post Date: 2015-08-26 08:27:16 by cranky
8 Comments
In a case regarding a specific gun control law which bans “unauthorized aliens” (illegal immigrants) from possessing firearms in the United States, the U.S. Court of Appeals for the Seventh Circuit did the work of a contortionist by upholding the law while also pointing out that they “see no principled way to carve out the Second Amendment and say that the unauthorized (or maybe all noncitizens) are excluded.” In a word—illegal immigrants have Second Amendment rights too. The case was titled United States v. Meza-Rodriguez, and the decision was handed down on August 20. The Milwaukee-Wisconsin Journal Sentinel reports that the decision was written by Judge Diane ...

From Feudalism to Consent : Rethinking Birthright Citizenship
Post Date: 2015-08-24 08:19:42 by tpaine
0 Comments
www.heritage.org From Feudalism to Consent : Rethinking Birthright Citizenship It is today routinely believed that under the Citi­zenship Clause of the Fourteenth Amendment, mere birth on U.S. soil is sufficient to obtain U.S. citizen­ship. However strong this commonly believed inter­pretation might appear, it is incompatible not only with the text of the Citizenship Clause (particularly as informed by the debate surrounding its adoption), but also with the political theory of the American Founding. It is time for Congress to reassert its plenary authority and make clear, by resolution, its view that the "subject to the jurisdiction" phrase of the Citizen­ ...

Media Ignores Constitutional Experts Debunking Birthright Citizenship
Post Date: 2015-08-23 19:31:51 by cranky
5 Comments
Myths about birthright citizenship—promoted by liberals, embraced by establishment Republicans, and repeated by mainstream media pundits without critical examination—have been debunked by experts spanning the political spectrum. But none of those people are being given A-list treatment by major media outlets to respond. Instead, the voices given the biggest public platforms are commentators who lack any professional credentials on the topic, who breezily assure viewers that “of course everyone knows” that the Fourteenth Amendment confers citizenship on everyone born in this country. And when the media occasionally puts on an opposition guest to provide a veneer of ...

Citizenship (Original intent)
Post Date: 2015-08-23 09:51:58 by CZ82
2 Comments
Citizenship As Americans, we are socialized to believe that we are all Citizens of this great nation we call the United States of America. Quite frankly, most Americans are pretty emotional about the issue. Try telling your neighbor, who fought against Hitler in WWII, that he's not a citizen of the United States, and see what reaction you get! The problem is that the people who write laws don't write them in the same manner that you and I speak. [See the section on "legal terms" within The Law page on this site.] Laws are written to achieve certain goals and the words used within laws are selected to achieve those goals. Sometimes the goals are legitimate and the ...

Liberal and Establishment Arguments for Birthright Citizenship Fail
Post Date: 2015-08-21 08:29:31 by cranky
1 Comments
Most arguments for birthright citizenship pushed by the political left and many establishment Republicans are baseless. For those who do try to make a legal argument, the strongest one is based upon two Supreme Court precedents, which were wrongly decided and should be overruled. But even those cases don’t save the myth that the Fourteenth Amendment guarantees citizenship to the children of illegal aliens. Breitbart News recently explained that while several parts of Donald Trump’s immigration plan are likely unconstitutional, ending birthright citizenship for the children of illegal aliens is perfectly legal, so long as the law would only apply to future children and not to those ...

14th Amendment of the Constitution A.K.A House Joint Resolution of 1866
Post Date: 2015-08-20 17:56:49 by CZ82
5 Comments
Mr. HOWARD: I now move to take up House joint resolution No. 127. The motion was agreed to; and the Senate, as in Committee of the Whole, resumed the consideration of the joint resolution (H.R. No. 127) proposing an amendment to the Constitution of the United States. The first amendment is to section one, declaring that all "persons born in the United States and Subject to the jurisdiction thereof, are citizens of the United States and of the States wherein they reside. I do not propose to say anything on that subject except that the question of citizenship has been fully discussed in this body as not to need any further elucidation, in my opinion. This amendment which I have offered ...

Ann Coulter: FOX NEWS Anchored In Stupidity On 14th Amendment
Post Date: 2015-08-20 11:11:45 by nativist nationalist
4 Comments
Based on the hysterical flailing at Donald Trump—He’s a buffoon! He’s a clown! He calls people names! He’s too conservative! He’s not conservative enough! He won’t give details! His details won’t work!—I gather certain Republicans are determined to drive him from the race. These same Republicans never object to other candidates who lack traditional presidential resumes—Carly Fiorina, Ben Carson, Newt Gingrich and Herman Cain, to name a few. I’m beginning to suspect it’s all about Trump’s opposition to mass immigration from the Third World. Amid the hysteria, Trump is the only one speaking clearly and logically, while his ...

Can the Government Ban Anything?
Post Date: 2015-08-19 18:04:09 by tpaine
10 Comments
www.lewrockwell.com Can the Government Ban Anything? By Laurence M. Vance August 4, 2015 Even though it is true that the government currently bans all kinds of things, I am asking a serious question. Let me expand and clarify it. Is the federal government authorized by the Constitution to make illegal the possession of any substance that it deems it to be harmful, hazardous, immoral, addictive, threatening, damaging, injurious, destructive, unsafe, or dangerous to an individual or to society? I am not talking about state governments—that is a separate issue. I am talking about the U.S. national government that was set up by the Constitution in 1789. The Constitution that was ...

We Are the Government: Tactics for Taking Down the Police State
Post Date: 2015-08-19 10:36:58 by Deckard
0 Comments
“The people have the power, all we have to do is awaken that power in the people. The people are unaware. They’re not educated to realize that they have power. The system is so geared that everyone believes the government will fix everything. We are the government.”—John Lennon Saddled with a corporate media that marches in lockstep with the government, elected officials who dance to the tune of their corporate benefactors, and a court system that serves to maintain order rather than mete out justice, Americans often feel as if they have no voice, no authority and no recourse when it comes to holding government officials accountable and combatting rampant corruption and ...

The 25 Elements of Martial Law Under Jade Helm
Post Date: 2015-08-19 10:24:00 by Deckard
0 Comments
In early May, I had previously published an article in which some of the Jade Helm leadership were expressing concerns that the mission was so compartmentalized that it left many questioning the operation. I am told that some details about the nature of the martial law principles that Jade Helm is practicing is beginning to leak out. This document reflects these martial law principles which appear to be a staple for Jade Helm martial law enforcement. On May 3, 2015, I published the following 17 characteristics of martial law. The two lists are remarkably similar. However, there are some fundamental differences. The following list that I previously published was based upon past ...

Constitution Doesn’t Mandate Birthright Citizenship [Full Thread]
Post Date: 2015-08-18 15:04:10 by cranky
115 Comments
Parts of Donald Trump’s immigration plan may raise serious constitutional questions, but the part that launched a media firestorm—ending birthright citizenship for the children of illegal aliens—does not. The Constitution’s Fourteenth Amendment does not confer citizenship on the children of foreigners, whether legal or illegal. Media commentators have gotten this issue dead wrong. Fox News’s Judge Andrew Napolitano says the Fourteenth Amendment is “very clear” that its Citizenship Clause commands that any child born in America is automatically an American citizen. That’s not the law. It has never been the law. Under current immigration law—found ...

DIY Tractor Repair Runs Afoul Of Copyright Law
Post Date: 2015-08-18 14:55:44 by tpaine
1 Comments
www.npr.org www.npr.org DIY Tractor Repair Runs Afoul Of Copyright Law Listen to the Story Farmer Dave Alford can't fix his own tractors like this one because it's run by software with proprietary digital locks. Farmer Dave Alford can't fix his own tractors like this one because it's run by software with proprietary digital locks. Laura Sydell/NPR The iconic image of the American farmer is the man or woman who works the land, milks cows and is self-reliant enough to fix the tractor. But like a lot of mechanical items, tractors are increasingly run by computer software. Now, farmers are hitting up against an obscure provision of copyright law that makes it illegal to ...

Christianity, Libertarianism, and the Drug War
Post Date: 2015-08-18 09:34:30 by Deckard
16 Comments
This talk was given on August 8 at the Christians for Liberty conference in Austin, Texas. Although I have been writing from the perspective of a conservative Christian libertarian for the past twenty years, it was not until 2009 that I first wrote something about the Drug War. This is because I knew the negative reaction I would receive from conservatives—and especially Christian conservatives. But after writing that initial article, there has been no turning back. I now write about the Drug War, not as much as I write about Christianity and war, but quite often. Do you want to live in an authoritarian society? Do you desire an intrusive government? Do you wish for a government that ...

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